Drugs – class A – fail/refuse to provide a sample

Police and Criminal Evidence Act 1984, s.63B · Magistrates

Sentencing framework

Sentencing for failing or refusing to provide a sample for class A drugs relies on determining the offence category based on culpability and harm. The court establishes a starting point and range of sentences according to identified factors. The impact of the offender’s background, circumstances, and remorse is also considered, influencing the severity or leniency of the sentence.

Maximum sentence

Level 4 fine

Court

Magistrates

Starting point

Medium level community order

Offence range

Band A fine - High level community order

Aggravating factors

·Previous convictions
·Offence committed whilst on bail
·Offence motivated by or demonstrating hostility based on characteristics of the victim
·Failure to comply with current court orders
·Offence committed on licence or post sentence supervision
·Offender’s actions result in a waste of resources

Mitigating factors

·No previous convictions or no relevant/recent convictions
·Remorse
·Positive character and/or exemplary conduct
·Serious medical condition requiring urgent, intensive or long-term treatment
·Age and/or lack of maturity
·Mental disorder or learning disability
·Sole or primary carer for dependent relatives
·Determination and/or demonstration of steps having been taken to address addiction or offending behaviour
·Pregnancy, childbirth and post-natal care
·Difficult and/or deprived background or personal circumstances
·Prospects of or in work, training or education

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

Step 1 - Determining the offence category
Step 2 - Starting point and category range
Step 3 - Consider any factors which indicate a reduction, such as assistance to the prosecution
Step 4 - Reduction for guilty pleas
Step 5 - Totality principle
Step 6 - Consider ancillary orders
Step 7 - Reasons

Guideline notes

A fine must not exceed the statutory limit. Where this is expressed in terms of a ‘level’, the maxima are: Level 1 - £200, Level 2 - £500, Level 3 - £1,000, Level 4 - £2,500, Level 5 - Unlimited (for offences committed after 13 March 2015). The court must consider the offender's financial circumstances when imposing a fine.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.